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Leon County
Board of County Commissioners Agenda Item#21 April 9, 2024 |
| To: | Honorable Chairman and Members of the Board |
| From: | Vincent S. Long, County Administrator |
| Title: | First and Only Public Hearing to Consider the Adoption of a Small-Scale Comprehensive Plan Map Amendment and Concurrent Rezoning at 2225 Orange Avenue |
| Review and Approval: | Vincent S. Long, County Administrator |
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Department/Division Review and Approval: |
Ken Morris, Assistant County Administrator Ben Pingree, Assistant County Administrator Artie White, Director, Planning, Land Management & Community Enhancement Laurel Harbin, Planning Director |
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Lead Staff/ Project Team: |
Susan Poplin, Acting Administrator of Comprehensive Planning |
Statement of Issue:
This item provides for the first and only public hearing on a proposed small-scale map amendment to the Tallahassee-Leon County Comprehensive Plan and a concurrent rezoning for approximately 1.9 acres located at 2225 Orange Avenue near the intersection of Orange Avenue and Capital Circle SE. The subject site is currently split by two land use designations (Activity Center and Urban Residential-2) and two zoning designations (Activity Center and R-3 Single-Family Detached, Attached Two-Family Residential). The proposed map amendment and concurrent rezoning would result in the subject site having one land use designation (Activity Center) and one zoning district (Activity Center).
Fiscal Impact:
This item has no fiscal impact.
Staff Recommendation:
Option #1: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #1), thereby adopting the small-scale map amendment LMA2401 (2225 Orange Avenue) in unincorporated Leon County to the Tallahassee-Leon County 2030 Comprehensive Plan.
Option #2: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #2) amending the Official Zoning Map to Change the Zoning Classification from the Single-Family Detached, Attached Two-Family Residential (R-3) and High Intensity Urban Activity Center (AC) to High Intensity Urban Activity Center (AC).
Report and Discussion
Background:
This item provides for the first and only public hearing on a proposed small-scale map amendment to the Tallahassee-Leon County Comprehensive Plan and a concurrent rezoning for approximately 1.9 acres located at 2225 Orange Avenue. The subject site is currently split by two land use designations and two zoning designations as described in the Analysis section. Having split land use and zoning on this site is a barrier to redevelopment of the site because the current land use and zoning designations allow different types of uses and different densities. The proposed map amendment and concurrent rezoning would result in the subject site having one land use designation and one zoning district, which would make redevelopment of the site more feasible. The public hearing on the concurrent rezoning is quasi-judicial in nature. More information regarding quasi-judicial hearings is provided in the Analysis section.
The Tallahassee-Leon County Comprehensive Plan (Comprehensive Plan) is a joint document adopted by both Leon County and the City of Tallahassee that includes goals, objectives, and policies intended to guide economic, social, physical, environmental, and fiscal development of the community over the next 20 to 30 years. The Comprehensive Plan also sets parameters for the Leon County and City of Tallahassee Land Development Codes (LDCs).
The Comprehensive Plan and LDCs direct how land development occurs. The land development process includes several phases including the initial idea or development concept, consistency with the comprehensive plan, consistency with zoning and land development code, the application of land development regulations through the development of a site plan and the site plan review process, and permitting and construction consistent with code and approved site plan.
The land development process sometimes results in requests to amend the Comprehensive Plan or apply a different zoning to a property. Map amendments to the Comprehensive Plan change the Land Use designation of the property on the Future Land Use Map (FLUM). These amendments must be consistent with the other goals, objectives, and policies in the Comprehensive Plan. Rezonings must be consistent with the Comprehensive Plan and the LDCs. Ultimately, land use and zoning establish the allowed uses on a property. Site plans must be consistent with the land use and zoning of the property. Development in turn must be consistent with an approved site plan.
Small-scale map amendments to the Comprehensive Plan involve 50 acres or fewer and only require one public hearing in accordance with Section 163.3187, Florida Statutes. Section 163.3184(12), Florida Statutes provides for zoning changes to be considered concurrently with Comprehensive Plan amendments.
The current amendment cycle includes one amendment to the Future Land Use Map for property located in unincorporated Leon County: the proposed LMA2401 small-scale map amendment for 2225 Orange Avenue and concurrent rezoning.
The complete schedule for the proposed small-scale map amendment is outlined below:
Comprehensive Plan Map Amendment Schedule:
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Application Period |
April 2023 – September 22, 2023 |
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Public Open House |
December 7, 2024 |
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Local Planning Agency Workshop |
January 17, 2024 |
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Local Agency Public Hearing |
February 6, 2024 |
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County Adoption Hearing for the Small-Scale Map Amendment and Concurrent Rezoning |
April 9, 2024 |
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Effective Date (if approved and not challenged) |
May 10, 2024 |
Notification for the proposed map amendment included direct mail notices to properties within 1,000 ft of the amendment, signage posted at the subject site, notices printed in the Tallahassee Democrat and Capital Outlook, email notices sent through the Planning Department’s email subscription service, and postings on the 2024 Amendment Cycle website (https://www.talgov.com/place/pln-cp-2024). Planning staff held a public Open House on multiple proposed amendments (including several amendments proposed within City Limits) on December 7, 2023, with approximately 14 people in attendance. Staff provided an overview of the proposed amendments and informed the public of the different meetings related to the cycle, and how citizens can provide comments and remain engaged throughout the process.
The Local Planning Agency (LPA) Public Hearing for LMA2401 was held on February 6, 2024. The LPA found the proposed small-scale map amendment in unincorporated Leon County consistent with the Comprehensive Plan and recommended its approval to the Board. There were no public speakers on this proposed small-scale map amendment. No written public comments have been received for this proposed amendment.
The following Analysis section provides details on the proposed map amendment and concurrent rezoning.
Analysis:
This item provides for a public hearing on the following small-scale Comprehensive Plan map amendment and a concurrent rezoning for property located at 2225 Orange Avenue:
Proposed Small-Scale Map Amendment: LMA2401 – 2225 Orange Avenue
Applicant: Mortgage Investments of Tallahassee, LLC
Jurisdiction: Leon County
Synopsis: The proposed amendment would change the Future Land Use Map designation on an approximately 1.9-acre site located near the intersection of Orange Avenue and Capital Circle SE from Urban Residential-2 (UR-2) and High Intensity Urban Activity Center (AC) to High Intensity Urban Activity Center (AC). The purpose of the proposed map amendment is to provide a single, uniform land use designation on a parcel that currently has a split land use and zoning. A rezoning application is being processed concurrently with this amendment. A zoning change from High Intensity Urban Activity Center (AC) and Single-Family Attached, Detached Two-Family Residential (R-3) to High Intensity Urban Activity Center (AC) is requested to implement the proposed small-scale comprehensive plan map amendment.
Site Location: The subject site is approximately 1.9 acres located at 2225 Orange Avenue, which is near the intersection of Orange Avenue and Capital Circle SE. The subject site is in unincorporated Leon County and within the Urban Services Area.
Existing Conditions: The subject site was previously developed with a single-family detached house and accessory structures, including three covered vehicle canopies and a shed. The residential structure and two of the covered vehicle canopies were demolished in 2021. The site is currently vacant except for one vehicle canopy and shed. The subject site is currently split by two land use designations (AC and UR-2) and two zoning designations (AC and R-3).
Current Allowable Development: Approximately half of the site is designated as UR-2 on the Future Land Use Map and has R-3 zoning. This land use and zoning allows residential development in the form of single-family detached housing, single-family attached housing (i.e., townhouses), and two-family dwellings (i.e., duplexes) up to 8 units per acre and allows for recreational facilities and community facilities. This portion of the site would allow up to approximately 7 residential units.
The other half of the site is designated as AC on the Future Land Use Map and has AC zoning. This land use and zoning allows multi-family residential development up to 45 units per acre as well as commercial, office, recreational, community service, and some light industrial uses. This portion of the site would allow up to approximately 42 residential units or various non-residential uses.
Proposed Small-Scale Map Amendment: The property owner has requested the proposed small-scale map amendment to change the land use designation on the Future Land Use Map from both UR-2 and AC to only AC to allow both non-residential uses and residential uses on the entire site. Having a single designation for the subject site would allow for more development potential, particularly given its location relative to the intersection of Orange Avenue and Capital Circle Southeast.
The proposed AC land use category is appropriate because the subject property is adjacent to an area currently designated AC that includes the HCA Florida (formerly Capital Regional Medical Center) at Southwood; and is located on an arterial roadway. Additionally, it is located adjacent to a newer 288-unit apartment complex on its western boundary and is bounded by a small area to the south that is a state government radio tower currently designed Government Operational (GO) on the FLUM. It is anticipated further development will occur around the intersection of Orange Avenue and Capital Circle Southeast based on the continued growth of this area of the community.
Rezoning Application: A rezoning application is being processed concurrently with this amendment. A zoning change from R-3 to AC has been requested to implement the proposed amendment to the Future Land Use Map. The purpose and intent of the AC zoning district is to provide for communitywide or regional commercial activities located in proximity to multi-family housing and office employment centers. This district is intended to provide large-scale commercial activities to serve the retail market of the region. The proposed AC zoning district is also intended to be in proximity to multi-family housing and office employment centers, and the proposed rezoning would achieve these intents.
Consistency with Comprehensive Plan
The proposed amendment is consistent with the following Goals, Objectives, and Policies of the Tallahassee-Leon County Comprehensive Plan:
Legal Considerations
The approval of the Small-Scale Map Amendment is legislative in nature; however, the concurrent rezoning is quasi-judicial. Therefore, members of the Board shall not initiate or knowingly engage in ex parte communications regarding this item. Ex parte communications are verbal or written communications made to a member of the Board on a matter to come before the Board by, or on behalf of, a party outside of a Board meeting, and without notice to the other parties. All ex parte communications received by a Commissioner should be forwarded to the County Attorney’s Office for inclusion in the agenda materials. If a communication is not included in the agenda materials or occurs after agenda materials are distributed to the Board, the Commissioner must disclose the details of the communication at the Board meeting before the Board takes action on the matter.
Quasi-judicial hearings require due process (notice and an opportunity to be heard and cross-examine), must comport with the essential requirements of the law (consideration of the correct criteria), and require that the decision of the Board be supported by competent, substantial evidence placed on the record before the Board. “Competent substantial evidence” is that which is “sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.” De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957). Evidence relied upon must be fact-based, real, material, pertinent and relevant.
If the Board denies this rezoning request, such denial must include a determination on the record that maintaining the existing conditions furthers a legitimate public purpose.
Summary of LMA 2401:
Next Steps on 2024 Plan Amendments
If the small-scale map amendment and concurrent rezoning is approved, it will be submitted to the state and it is subject to a 31-day compliance determination period after which, if not challenged, it would become effective.
Next Steps in the Development Process
Should the Board approve the small-scale Comprehensive Plan map amendment and concurrent rezoning, the next steps in the development process would be the site plan and subdivision process. This next step would require a site plan for the property that is consistent with land use and zoning designations and that follows the regulations in the Leon County Land Development Code. This step includes a Natural Features Inventory and Transportation Concurrency. An approved site plan and necessary permits are required prior to construction on the site.
This public hearing has been noticed and advertised in accordance with Florida Statutes (Attachment #4).
Options:
Recommendation:
Options #1 and #2
Attachments: